[HISTORY: Adopted by the Board of Trustees of the Village of Thomaston
7-12-1999 by L.L. No. 2-1999. Amendments noted where applicable.]
No person shall construct, reconstruct, alter or grade any sidewalk,
curb cut or driveway without first obtaining a permit from the Building Inspector
as provided by this chapter. This requirement shall not be applicable to work
proposed to be done by or on behalf of the Village of Thomaston.
An applicant for a permit hereunder shall file with the Building Inspector
an application showing:
A.
The name and address of the owner(s) of the property
constituting the proposed work area.
B.
The name and address of the party doing the work.
C.
The location of the work area.
D.
Plans showing details of the proposed work.
E.
The estimated cost of the work.
F.
A plot plan, which shall include the location, elevation,
area, size, parking layout, drainage facilities and opening from the lot to
any street, road or thoroughfare.
G.
The construction materials to be used and the intended
form of construction.
H.
A driveway plan which shall indicate the location, area
and size of any and all portions of the driveway wherein more than one surface
material is to be used in and on said driveway. Such an application shall
also be accompanied by a plan which shall indicate the location, elevation,
area and openings, if any, of any existing driveway upon said lot.
I.
Such additional information as the Building Inspector
shall find reasonably necessary to the determination of whether a permit should
issue hereunder.
The applicant shall pay the fees required by law, and payment of such
fees shall accompany any application for a permit hereunder.
The Building Inspector shall issue a permit hereunder upon a finding
that:
A.
The plans for the proposed work are satisfactory and
conform to this chapter and the standard specifications of the village for
work of like character.
B.
The work will not unreasonably interfere with vehicular
and pedestrian traffic, the demand and necessity for parking spaces and the
means of ingress and egress to and from the property affected and adjacent
properties.
C.
The health, welfare and safety of the public will not
be unreasonably impaired.
A.
Where the use, convenience and necessity of the public
require, the Building Inspector shall have the authority to order the owner(s)
of property where a curb cut is maintained to alter the curb cut in such manner
as the Building Inspector shall find reasonably necessary under the circumstances.
B.
Notice of alteration order. The notice required by this
section shall require compliance by the owner(s) within a reasonable period
of time specified in said notice. Any such notice shall be in writing and
shall be served upon such person by personal delivery or by certified mail.
In addition to any other requirements of this chapter, or any other
applicable law, the following additional regulations shall be applicable to
any work for which a permit is required by this chapter:
A.
No more than one curb cut or driveway opening shall be
permitted per residential lot. A curb cut or driveway opening shall not exceed
20 feet in width at the intersection with any street, road or thoroughfare.
Any curb cut or driveway opening on any building lot must be part of the driveway
on said lot and be the means of exit and entrance to and from the driveway
and a garage on said lot.
B.
The driveway at the curb or driveway opening must be
able to accommodate a vehicle so that it may be parked and/or stopped in the
driveway without extending to any degree beyond the curb cut or driveway opening
on and/or into any street, road, sidewalk or thoroughfare. The minimum area
for any driveway located on and within any building lot outside of any garage
located thereon shall be nine feet by 24 feet.
C.
The angle of a driveway at its opening to any street,
road or thoroughfare for the length of 10 feet into said lot from the street,
road or thoroughfare to which it opens shall be as close to 90º as is
practicable.
D.
A driveway shall be so constructed to assure that all
runoff of water from said driveway or from gutters and leaders which channel
water onto a driveway will flow into appropriate drainage facilities. The
Building Inspector may require drainage facilities to be installed as may
be appropriate, as part of any driveway construction or alteration, to prevent
damage to public facilities or property by reason of water runoff from said
driveway.
E.
Unless otherwise prohibited by the existence of driveways
or other structures, including garages located upon a lot, no curb cut or
driveway opening shall be constructed or altered to be located on the side
of any such building lot which abuts or adjoins another lot where there exists
a curb cut upon such adjoining or abutting lot located within 35 feet of the
curb cut or driveway opening proposed to be constructed or altered.
F.
No driveway shall be constructed or altered to be more
than 20 feet in width along its length from the curb cut or driveway opening
into the yard in which it lies or the yard in which it is to be located on
said lot. No driveway or parking area thereof shall be constructed within
or on any village property or easement except as provided herein. A driveway
shall not be constructed or altered to contain a separate but connected parking
area as part of said driveway at any point or points along its length which
shall exceed an area of 18 feet by 23 feet beyond the average width of the
driveway.
G.
All existing and proposed drainage facilities shall comply
with the provisions of this chapter and shall be so constructed so that no
damage will occur to existing and/or proposed buildings, driveways, adjacent
properties, drainage facilities, public improvements, streets, roads and thoroughfares.
Catch basins and/or dry wells shall conform to the applicable building codes.
H.
The permittee shall bear all costs of construction and/or
alteration of the driveway and curb cut or driveway opening. The permittee
shall bear all costs of repair to curbstones or any public street, road, thoroughfare
or sidewalk occasioned or cased by the construction, alteration and/or maintenance
of a driveway.
Driveways, curb cuts and driveway openings shall be maintained at the
sole cost and expense of the owner(s) of land or lands upon which the same
exist. Such owner(s) shall maintain said driveway, curb cut and driveway opening
at all times in a manner which will not damage or cause disrepair to any street,
road, thoroughfare, village property, easement and/or right-of-way. Trees,
shrubbery and other landscape plantings shall be trimmed to maintain the exit
and entrance from and to the driveway in such a manner as to maintain optimal
and safe sight distance in all directions for safe exit from and entrance
to the driveway. For the purposes of this chapter, where all or part of a
driveway or curb cut is located upon property owned by the village, or the
County of Nassau, the owner of the adjacent property benefitted by the driveway
or curb cut shall be responsible for the duties of the "owner."
This chapter shall not affect or prohibit the ordinary maintenance,
repair or continuation of any driveway, curb cut or driveway opening as existing
on the effective date of this chapter, provided that the same is maintained
in a condition of repair as required by this chapter.
All private roads shall be maintained under the same conditions applicable
to driveways pursuant to this chapter for a distance of not less than 25 feet
from the point where such private road abuts a public road.
The location, size, grade, drainage facilities, construction material, design and means and methods of construction or alterations of any curb cut, driveway opening and/or driveway upon any village property or within any village easement or right-of-way shall be specified by the Building Inspector as may be necessary or appropriate to keep such curb cut, driveway opening and/or driveway and the street, road or thoroughfare with which it intersects and/or the property or easement of the village in a safe condition and a proper state of maintenance and repair and to avoid damage to the public. The Board of Appeals may grant variances of the provisions of this section, in the same manner as provided for variances of Chapter 203 of this Code.
